Florida Senate - 2011 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1838 Barcode 548162 588-03952D-11 Proposed Committee Substitute by the Committee on Health Regulation 1 A bill to be entitled 2 An act relating to assisted living facilities; 3 creating the Florida Assisted Living Quality 4 Improvement Initiative Pilot Project; providing a 5 purpose; providing definitions; creating the pilot 6 project in area offices of the Agency for Health Care 7 Administration; providing an expiration date for the 8 pilot project; providing requirements for facilities 9 to be eligible to participate in the pilot project; 10 authorizing the Department of Elderly Affairs to adopt 11 rules; providing duties of the department with regard 12 to the pilot project; requiring the administrator of a 13 facility that is eligible to participate in the pilot 14 project to notify the Agency for Health Care 15 Administration when the facility agrees to enroll; 16 providing that enrollment in the pilot project is 17 voluntary; requiring each facility to execute an 18 agreement that includes a provision authorizing the 19 agency to terminate the facility’s participation in 20 the pilot project; providing for open enrollment each 21 year; providing that a facility’s enrollment in the 22 pilot project does not prohibit the facility from 23 seeking alternative accreditation; requiring the owner 24 or administrator of a facility that is enrolled in the 25 pilot project to enter into a contract with a quality 26 improvement team; providing for the composition and 27 duties of a quality improvement team; providing for 28 termination of the contract with a quality improvement 29 team; providing for the resumption of inspections by 30 the agency if a facility terminates enrollment in the 31 pilot project; authorizing a facility to terminate its 32 contract with a quality improvement team and execute a 33 contract with a another team; requiring the agency to 34 refer certain complaints regarding a facility to the 35 quality improvement team; authorizing the agency to 36 investigate repeated complaints and refer them to the 37 appropriate law enforcement agency; authorizing the 38 agency to investigate and conduct periodic appraisal 39 visits of a facility; authorizing the agency to 40 terminate a facility from the pilot project and 41 require that the facility be subject to survey, 42 inspection, and monitoring visits by the agency; 43 requiring each quality improvement team to make 44 available to the agency certain reports; authorizing a 45 quality improvement team to use electronic means of 46 capturing data and generating reports; providing that 47 reports and documents of the quality improvement team 48 may not be used in certain tort actions; prohibiting 49 conflicts of interests between a facility owner, 50 administrator, or employee and the members of a 51 quality improvement team; providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Florida Assisted Living Quality Improvement 56 Initiative Pilot Project.— 57 (1) The purpose of the pilot project is to identify best 58 practices for providing care to residents of licensed assisted 59 living facilities, provide caregivers with the competencies and 60 skills necessary to implement best practices, and develop, in 61 collaboration with the facility, a quality improvement plan to 62 reduce the need for institutional care. 63 (2) As used in this section, the term: 64 (a) “Agency” means the Agency for Health Care 65 Administration. 66 (b) “Department” means the Department of Elderly Affairs. 67 (3)(a) The pilot project shall be limited to no more than 68 four approved quality improvement teams throughout the pilot 69 areas and 20 facilities in each of the area office locations of 70 the agency which are identified as areas 4, 5, 6, 8, and 11. 71 This pilot project shall expire in 2016 unless reenacted by the 72 Legislature. 73 (b) Eligibility for participation is limited to facilities 74 that have a good survey track record, have not been cited for 75 any class I or class II violations, and have no more than five 76 uncorrected class III violations on the prior two annual surveys 77 and on any survey that resulted from a complaint. 78 (4) The department may adopt rules as needed to administer 79 the pilot project, with input from providers, advocates, the 80 agency, or others. The department shall: 81 (a) Establish a method to measure facility improvement and 82 collect data. 83 (b) Create criteria for quality improvement plans. 84 (c) Establish standards and requirements for quality 85 improvement teams. 86 (d) Establish the procedures for the agency to use in 87 approving or revoking approval of quality improvement teams. 88 (e) Create an enrollment process and implementation 89 timeline for the pilot project. 90 (f) Establish a process to notify residents and the local 91 long-term care ombudsman council of each assisted living 92 facility that is enrolled in the pilot project. 93 (g) Establish the components and provisions that must be 94 contained in a contract between the facility and the approved 95 quality improvement team. 96 (h) Establish the procedures for resolving complaints that 97 are filed against a facility that is enrolled in the pilot 98 project. 99 (5) The administrator of a licensed facility that is 100 eligible to participate in the pilot project shall notify the 101 agency when the facility agrees to enroll. Enrollment in the 102 pilot project is voluntary. The agency shall enroll the first 20 103 eligible facilities in each area that seek enrollment. Before 104 enrollment, each facility must execute a memorandum of agreement 105 with the agency which includes a provision authorizing the 106 agency to terminate the facility’s participation in the pilot 107 project at will. The agency’s termination of a facility from the 108 pilot project may not be challenged or appealed under chapter 109 120, Florida Statutes. 110 (6) Open enrollment in the pilot project shall begin on 111 January 1 of each year. A facility’s enrollment in the pilot 112 project does not prohibit the facility from seeking alternative 113 accreditation from a recognized health care accreditation 114 organization, such as the Commission on Accreditation of 115 Rehabilitative Facilities or The Joint Commission. 116 (7) The owner or administrator of each facility enrolled in 117 the pilot project shall enter into a contract with an approved 118 quality improvement team to develop, in accordance with the 119 department’s rules, and implement a quality improvement plan for 120 that facility. The facility must pay the quality improvement 121 team reasonable compensation for the services provided under the 122 contract. The quality improvement plan must be approved by the 123 agency prior to any implementation of the plan. The owner or 124 administrator shall consult with the quality improvement team 125 for the purpose of meeting the goals outlined in the quality 126 improvement plan. 127 (8) Each quality improvement team must evaluate the 128 progress of the facility in meeting the goals of the quality 129 improvement plan. A quality improvement team shall include a 130 quality improvement specialist who has professional expertise or 131 a background in working with behavioral health needs or aging 132 related needs, a licensed registered nurse, a licensed 133 dietician, and a staff development representative. 134 (9) Each quality improvement team must be approved by the 135 agency prior to entering into any contract with a facility. The 136 agency may revoke the approval of the quality improvement team 137 if the quality improvement team does not meet the requirements 138 or standards established by department rule. If such approval is 139 revoked, the quality improvement team may no longer provide 140 contract services to the facility and the facility must, within 141 30 days, enter into a contract with another approved quality 142 improvement team in order to remain enrolled in the pilot 143 project. 144 (10) Each quality improvement team shall: 145 (a) Conduct an annual assessment and followup visits as 146 needed to monitor the progress of the facility in meeting the 147 goals of the quality improvement plan. 148 (b) Consult with the owner and administrator of the 149 facility in meeting plan requirements, create systems to monitor 150 compliance with agency rules, ensure that training standards 151 established under s. 429.52, Florida Statutes, are met, and 152 provide access to community-based services that would improve 153 the care of the residents and the conditions in the facility. 154 (c) Maintain records of the assessments and ongoing efforts 155 to help the facility meet quality improvement goals. 156 (d) Issue a certification to each facility that meets 157 agency standards and is in compliance with the goals of its 158 quality improvement plan. 159 (11) A quality improvement team may terminate, without 160 penalty, the contract executed under subsection (7) with a 161 facility that has failed to meet the goals of the plan after 162 reasonable efforts are made to seek cooperation and assistance 163 from the owner and the administrator of the facility. If a 164 contract is terminated under these conditions, the facility is 165 automatically terminated from the pilot project. 166 (12) If a facility’s enrollment in the pilot project is 167 terminated, the quality improvement team shall notify the agency 168 and that facility shall be subject to the survey, inspection, 169 and monitoring visits conducted under s. 408.811, Florida 170 Statutes. The facility is not eligible to reenroll in the pilot 171 project until the agency has certified that the facility is in 172 substantial compliance with agency rules. 173 (13) A facility that has entered into a contract with an 174 approved quality improvement team may terminate that contract 175 without penalty and enter into a contract with another approved 176 team. If such termination is sought, the facility administrator 177 shall notify the agency area office in writing and specify the 178 reasons the facility seeks to terminate the contract. The area 179 office supervisor shall approve or reject the request under the 180 terms and conditions of the memorandum of agreement completed by 181 the facility before enrolling in the pilot project. 182 (14) The agency shall refer any complaint concerning the 183 facility to the quality improvement team if the complaint does 184 not allege immediate jeopardy to a resident of the facility, 185 serious substandard care, or actual harm to a resident of the 186 facility. The team shall investigate the complaint and work with 187 the owner or administrator to address the complaint. If there is 188 a pattern of repeated complaints, the agency may investigate 189 those complaints and refer the complaints to the appropriate law 190 enforcement agency in the local jurisdiction for investigation 191 to ensure the health, safety, and well-being of the facility’s 192 residents. 193 (15) The agency may investigate and conduct periodic 194 appraisal visits at any time in order to ensure compliance with 195 Florida law and the approved quality improvement plan and assess 196 the quality improvement team and the facility. If the agency 197 finds that the facility is in substantial noncompliance with the 198 quality improvement plan or state law, the agency may terminate 199 the facility from the pilot project and shall require the 200 facility to be subject to the survey, inspection, and monitoring 201 visits conducted under s. 408.811, Florida Statutes. 202 (16)(a) Each quality improvement team shall make available 203 to the agency reports generated following a visit to an enrolled 204 facility. 205 (b) Each quality improvement team may use electronic means 206 of capturing data and generating reports relating to compliance 207 with the quality improvement plan. 208 (17) Reports and documents generated by the quality 209 improvement teams may not be used in any tort action sought 210 against the licenseholder of an enrolled facility. 211 (18) A facility owner, administrator, or employee may not 212 have an ownership interest in, or provide services to, any 213 business owned by a member of a quality improvement team, and an 214 owner, administrator, or employee may not participate as a 215 member of a quality improvement team. The agency shall ensure 216 that there are no conflicts of interest between the members of a 217 quality improvement team and a facility that seeks to enroll or 218 that is enrolled in the pilot project. 219 Section 2. This act shall take effect July 1, 2011.